(a)

Intent. The purpose of and intent of this Code is to establish standards and procedures for the orderly development and subdivision of land within the town; and to promote the public health, safety, comfort and welfare of existing and future residents of the town by ensuring the creation of healthy living environments; the efficient and economic installation of utilities and services; the prevention of traffic hazards and the provision of safe and convenient vehicular and pedestrian traffic circulation; the safeguarding of development against inadequate drainage and flooding; the requirement of developers to install appropriate physical improvements to a standard of en during quality; site design respecting unique environmental characteristics; and consistency with the policies and goals of the comprehensive plan of the town.

(b)

Withdrawal of applications. An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing.

(Ord. of 12-12-90, § 11.00.00)

(a)

Notice of public hearings. Notice of all public hearings which are required by a provision of this Code shall be given as follows, unless expressly stated otherwise:

(1)

Content of notice. Every required notice shall include: the date, time and place of the hearing; a description of the substance of the subject matter that will be discussed at the hearing; a legal description of the properties directly affected including the street address when available; a statement of the body conducting the hearing; a brief statement of what action the body conducting the hearing is authorized to take; and a statement that the hearing may be continued from time to time as may be necessary.

(2)

Publication. Publication of the notice shall be as follows: Notice of all public hearings of amendments to this code or the comprehensive plan, including the official land use map, shall be in accordance with F.S. ch. 163 and F.S. ch. 166. Applications for planned unit developments, applications for conditional use approval and applications for variances shall be properly advertised twice in a newspaper of general circulation in Palm Beach County with the first publication not less than 14 days prior to the date of the hearing and the second publication at least five days prior to the hearing.

(3)

Public inspection. A copy of the notice of public hearing shall be available in the office of the building official during regular business hours.

(4)

Mail. Mailing notice to specific real property owners shall be as follows: In addition to publication requirements in section 28-202, in the case of a public hearing regarding an amendment to this code or the comprehensive plan, including the official land use map, applications for planned unit developments, applications for conditional use approval and applications for variances, notice shall also be provided by the building official by mail, to all property owners who own real property within 300 feet of the property directly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls, not more than 30 days nor less than 15 days before the date of the hearing. Notice shall also be sent to the developer, property owner or applicant.

(b)

Hearing procedures.

(1)

Setting the hearing. When the building official determines that an application for an amendment to this code or the comprehensive plan, including the official land use map, an application for a planned unit development, an application for conditional use approval, or an application for a variance is complete, he shall notify the appropriate decision-making body so a public hearing may be set and notice given in accordance with the provisions of section 28-202(a).

(2)

Examination and copying of application and other documents. Any time after the provision of notice, as required by this code, any person, upon reasonable request, may examine the application or petition in question, and the material submitted in support or opposition to the application or petition in the office of the building official during regular business hours. Any person shall be entitled to obtain copies of the application or petition and other materials upon reasonable request and payment of a fee to cover the actual costs of providing such copies.

(3)

Conduct of the hearing.

a.

General procedure. Any person may appear at a public hearing, or may be represented by counsel or agent, and may submit documents, materials and other written or oral testimony either individually or as a representative of an organization. Each person who appears at a public hearing shall identify himself and his address and state the name and mailing address of any organization he represents. The body conducting the public hearing may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.

b.

Continuance of hearing. The body conducting the hearing may continue the hearing to a fixed date, time and place.

(4)

Record of the hearing.

a.

The transcript of testimony, when and if available, the minutes of the secretary, all applications, exhibits, documents, materials and papers submitted in any proceeding before the decision-making body, the report of the building official and the decision and report of the decision-making body shall constitute the record.

b.

The body conducting the hearing shall record the proceedings by any appropriate means; upon request of any person to the building official and payment of a fee to cover the cost of transcription, the record may be transcribed and a copy provided to that person. If a sound recording is made, any person shall be entitled to listen to the recording at any reasonable time, or make copies at his own expense, at the office of the building official.

(Ord. of 12-12-90, § 11.01.00)

(a)

Generally. No development activity may be undertaken unless the activity is authorized by a development order.

(b)

Prerequisites to issuance of development order. Except as provided in section 28-203(c), a development permit may not be issued unless the proposed development activity is authorized by a final development order issued pursuant to this code.

(c)

Exceptions to requirement of a final development order. A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this code. Unless otherwise specifically provided, the development activity shall conform to all provisions of this Code. The exceptions are as follows:

(1)

Development activity necessary to implement a valid site plan/development plan on which the start of construction took place prior to September 12, 1990, and has continued in good faith. Compliance with the development standards of this Code is not required if in conflict with the previously approved plan.

(2)

The construction or alteration of a one- or two-family dwelling on a lot in a valid recorded subdivision approved prior to September 12, 1990. Compliance with the development standards in this code is not required if in conflict with the previously approved plat.

(3)

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site.

(Ord. of 12-12-90, § 11.02.00)

(a)

Preapplication conference. Prior to filing for development plan review, the developer shall meet with the building official to discuss the development review process and the proposed project. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(b)

Review of preliminary development plans for developments.

(1)

The developer shall, within six months after the preapplication conference, submit a preliminary development plan to the building official. If more than six months elapse, the developer must schedule a second preapplication conference.

(2)

Within 15 working days of receipt of a preliminary development plan, the building official shall:

a.

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within 30 working days without payment of an additional fee, but, if more than 30 days have elapsed, he must thereafter initiate a new application and pay a new fee.

b.

Determine that the plan is complete and proceed with the following procedures.

(3)

On the earliest available date, the Planning and Zoning Board shall consider the preliminary development plan to determine whether the plan satisfies the requirements of this Code and make recommendations to the Town Council.

(4)

After the Planning and Zoning Board has considered the matter and on the earliest available date, the Town Council will consider the preliminary development plan. The Town Council will either approve or deny the preliminary development plan or approve the plan with conditions. If the Town Council approves the preliminary development plan, a preliminary development order shall be issued.

(c)

Review of final development plan for developments.

(1)

The developer shall submit a final development plan for review within six months of preliminary development approval.

(2)

Within 15 working days of receipt of a final development plan, the building official shall:

a.

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within 30 working days without payment of an additional fee, but, if more than 30 days have elapsed, must thereafter pay a new fee.

b.

Determine that the plan is complete and proceed with the following procedures.

(3)

On the earliest available date, the Planning and Zoning Board shall consider the final development plan to determine whether the plan satisfies the requirements of this Code and make final recommendations to the Town Council.

(4)

After the Planning and Zoning Board has considered the matter and on the earliest available date, the Town Council shall consider the final development plan. The Town Council will either approve or deny the final development plan or approve the plan with conditions. If the Town Council approves the final development plan, a final development order shall be issued.

(d)

Time limit.

(1)

Except as provided in this subsection, a final development plan approval shall be valid for purposes of securing a building permit for 12 months from the date of approval. Unless a building permit is secured within 12 months and construction subsequently undertaken pursuant to such building permit, the final development plan approval shall expire automatically. A final development plan conditioned upon receiving notice of issuance of or intent to issue any required permit shall be valid for purposes of securing a building permit for 24 months after approval or 12 months after receiving the described notice, whichever period is shorter.

(2)

Extensions of final development plan approval of up to 12 months may be made by the Town Council at its discretion upon receipt of written request prior to expiration of the plan. All extensions shall be by resolution of the Town Council setting forth any additional condition, limitation or requirement of such extension.

(e)

Project phasing. A master plan for the entire development site must be approved for a development that is to be developed in phases. The master plan shall be submitted simultaneously with an application for review of the preliminary development plan and must be approved as a condition of approval of the preliminary development plan. A final development plan must be approved for each phase of the development under the procedures for development review prescribed above. Each phase shall include a proportionate share of the proposed recreational and open space, and other site and building amenities of the entire development, except that more than a proportionate share of the total amenities may be included in the earlier phases with corresponding reductions in the later phases.

(f)

General plan requirements. All preliminary and final development plans submitted pursuant to this code shall conform to the following standards:

(1)

All development plans shall be drawn to a scale of not smaller than one inch equals 50 feet, unless the director determines that a smaller scale is sufficient or necessary for proper review of the proposal. Phasing plans may be drawn at a scale of not smaller than one inch equals 100 feet.

(2)

The sheet size shall be 24 inches by 36 inches.

(3)

If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

(4)

The site plan shall include:

a.

A general vicinity or location map drawn to scale showing the position of the proposed development in the section(s), township and range, together with the principal roads, city limits, and/or other pertinent orientation information.

b.

A complete legal description of the property.

c.

The name, address and telephone number of the owner(s) of the property. Where the owner is being represented for purposes of project approval, the name, address and telephone number of the representative shall be shown.

d.

Name, business address, and telephone number of those individuals responsible for the preparation of the drawing(s).

e.

A title block with the name of the development, stated and graphic scale, a north arrow and date.

f.

The boundaries of the property with a metes and bounds description reference to section, township and range, tied to a section or quarter-section or subdivision name and lot number(s).

g.

The area of the property shown in square feet and acres.

(5)

Eight copies of the submittal shall be required.

(g)

Preliminary development plan. A preliminary development plan shall include the following information:

(1)

Existing conditions.

a.

A recent aerial photograph encompassing the project area and identifying the project area. The scale shall be no smaller than one inch equals 800 feet. Aerial photographs from the Palm Beach County property appraiser's office are certainly acceptable.

b.

A topographic map of the site at a detail of no less than one-foot contour intervals clearly showing the location, identification and elevation of benchmarks.

c.

A project location map.

d.

Existing surface water bodies, wetlands, streams and canals within the proposed development site.

e.

The location of any underground or overhead utilities, culverts and drains on the property and within 100 feet of the proposed development boundary.

f.

Location, names and widths of existing streets, highways, easements, building lines, alleys, parks and other public spaces and similar adjacent features.

g.

The 100-year flood elevation, if applicable, and boundaries of the 100-year floodplain for all parts of the proposed development.

h.

A signed, sealed survey of the subject property prepared by a registered Florida land surveyor shall be provided.

(2)

Proposed development activities and design.

a.

Generally.

1.

Proposed name of the project. This name shall not duplicate that of any other approved development within the town.

2.

Land use classification of parcel and adjacent land.

3.

The names of owners and the existing use of adjacent properties.

b.

Buildings and other structures.

1.

Locations, dimensions, gross floor area and proposed use of all buildings.

2.

Front, rear and side architectural elevations of all buildings.

3.

Building setback distances from property lines, abutting right-of-way centerlines and all adjacent buildings and structures.

4.

Minimum floor elevations of buildings within any 100-year floodplain.

c.

Potable water and wastewater systems.

1.

A preliminary utility plan consisting of proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including a description of required improvements or extensions of existing offsite facilities.

2.

The boundaries and descriptions of proposed utility easements.

3.

Exact locations of onsite and nearby existing and proposed fire hydrants.

d.

Streets, parking and loading.

1.

For all development in the town requiring final development approval and generating 250 or more vehicular trips per day based on the latest Institute of Transportation Engineer (ITE) trip generation publication, a traffic impact report must be prepared by a qualified traffic engineer. The report must contain the following for the specified impact study area, which shall be the incorporated limits of the town:

i.

A detailed description of the collector and arterial road network, including existing and programmed roadway lanes and lane width; right-of-way width; existing and programmed traffic signal locations and signal phasing; existing and planned ingress and egress locations.

ii.

A description of major approved development, including phasing and anticipated completion dates.

iii.

A detailed description of the existing traffic conditions, including the peak season average daily traffic and the highest average peak season peak hour volume for all collector and arterial roads with- in the study area.

iv.

Capacity analysis at the intersections of all major roadways in the impact area that are signalized or that warrant signalization.

v.

Based on the capacity analysis described in subsub-paragraph (g)(2)d.1.iv. of this section, a summary of existing levels of service on the impact area network.

vi.

A detailed analysis of traffic impact of the proposed development.

vii.

A detailed cumulative transportation impact analysis. This analysis will include existing traffic, traffic growth due to other approved development, and the impact of the proposed development.

2.

The layout of all streets and driveways.

3.

A parking and loading space plan showing the total number and dimensions of proposed parking spaces, spaces reserved for handicapped parking, loading areas, proposed ingress and egress (including proposed public and private street improvements).

4.

The location of proposed interior vehicular use area lighting.

5.

The location and dimensions of the proposed garbage dumpster enclosure(s).

e.

Landscaping.

1.

Location and dimensions of proposed buffer zones and landscaped areas.

2.

A landscape plan showing all existing and proposed plant materials; including a legend indicating types, sizes and quantities of proposed materials.

f.

Stormwater management. A preliminary stormwater management plan of the proposed stormwater management system, including:

1.

Flow direction arrows and preliminary storm drainage calculations in accord with South Florida Water Management District criteria.

2.

Location and capacity of detention and retention areas, including plans for the discharge of contained waters, maintenance plans and predictions of surface water quality changes.

g.

Environmentally sensitive lands. For proposed development in areas of the town that are essentially undisturbed or contain a significant amount of vegetation, an environmental report must be prepared. The environmental report shall contain the following:

1.

A vegetation and substrate survey including:

i.

Extent, location and acreage of all marsh and mangrove forest areas,-+ including substrate conditions.

ii.

Extent, location and acreage of all upland hammock forests.

iii.

Extent, location and acreage of wetlands. For these purposes, wetlands are defined as areas that are subject to saturation (i.e., water is at the soil surface at least two months, at least seven out of ten years), or that exhibit vegetative communities or soil types characteristic of this hydroperiod.

2.

An assessment of the presence of endangered or threatened wildlife species.

3.

An assessment of the impacts upon onsite vegetation and wildlife, and onsite and offsite natural resources; a description of the planned approach that will be used to minimized these impacts; a description of the proposed alterations or disturbances to any of the areas identified in response to sub-subparagraphs 1. and 2. above; and the mitigation that will be provided.

h.

Signs.

1.

Location, size and type of signage proposed for the development.

2.

Elevations of all signage clearly indicating letter style and colors to be used.

i.

Subdivisions. A preliminary subdivision plan shall be submitted including proposed number, minimum area and location of lots.

j.

Land use and dedications.

1.

Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations and the like.

2.

Locations and amounts of area to be devoted to all existing and proposed land uses including schools, open spaces, churches, residential and commercial.

3.

The total number and type of residential units proposed. The total number of residential units per acre (gross density) shall be stated and calculations shown.

k.

Wellfield protection. Location of existing and proposed onsite wells, and all wells within 1,000 feet of any property line, exceeding 100,000 gallons per day.

l.

Historic and archaeologic sites. The manner in which historic and archaeologic sites on the site, or adjacent to the property will be protected.

(h)

Final development plan. A final development plan shall include the information required in a preliminary development plan plus the following additional or more detailed information:

(1)

A metes and bounds description of lands to be subdivided (if applicable), from which and without reference to the plat, the starting point and boundary can be determined.

(2)

All subdivision lots shall be numbered either by progressive numbers or, if in blocks, progressively numbered or lettered, except that blocks in numbered additions bearing the same name may be numbered consecutively throughout several additions.

(3)

All interior excluded parcels shall be clearly indicated and labeled "Not part of this plat/development."

(4)

All contiguous properties shall be identified by development title, plat book, and page, or if the land is unplatted, it shall be so designated. If a subdivision to be platted is a resubdivision of a part or whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. All abutting existing easements and rights-of-way must be indicated. The abutting existing rights-of-way must be indicated to the centerline.

(5)

Restrictions, pertaining to the type and use of existing or proposed improvements, waterways, open spaces, building lines, buffer strips and walls, and other restrictions of similar nature, shall require the establishment of restrictive covenants and such covenants shall be submitted with the final development plan for recordation.

(6)

Where the development includes private streets, ownership and maintenance association documents shall be submitted with the final development plan and the dedication contained on the development plan shall clearly indicate the roads and maintenance responsibility to the association without recourse to the town or any other public agency.

(7)

All manmade lakes, ponds and other manmade bodies of water excluding retention/detention areas shown on the final development plan shall be made a part of adjacent private lot(s) as shown on the final plat. The ownership of these bodies of water shall not be dedicated to the public unless approved by the town.

(8)

Floor plans of all buildings.

(9)

Final paving, drainage and utility plans and profiles showing existing and proposed elevations and grades of all public and private paved areas.

(10)

Cross sections and specifications of all proposed pavement.

(11)

Typical and special roadway and drainage sections and summary quantities.

(12)

Roadway alteration and drainage connection permits from the state department of transportation (if applicable).

(13)

A financial statement detailing the projected value of the development upon completion and the expected revenues to the town resulting from such development.

(i)

Stormwater permits and pollution controls. All development approvals shall be contingent upon the developer obtaining an environmental resource management permit and/or confirming coverage under the State Department of Environmental Protection Generic Permit for Stormwater Discharge from Large and Small Construction Activities, where applicable, prior to commencement of development.

(Ord. of 12-12-90, § 11.03.00; Ord. No. 87.1, §§ 1, 2, 6-10-92; Ord. No. 120, § 6, 1-13-99; Ord. No. 192, § 2, 6-20-12)

Editor's note— Ord. No. 120 is hereby amended to exempt from its application those properties for which a final development order was issued prior to its effective date. Final development orders issued prior to the effective date of Ord. No. 120 shall not be subject to its provisions and may be modified in accordance with the procedures set forth in section 28-207 of the Town Code of Ordinances.

(a)

Generally. Where proposed development includes the subdivision of land, the final approval of the development plan shall be made contingent upon approval of the Town Council of a plat conforming to the development plan.

(1)

Filing with department. After receiving plat-contingent final development plan approval, the developer shall submit to the building official a plat conforming to the development plan and the requirements of F.S. ch. 177. Alternatively, the developer may submit a final plat at any point in the development review process.

(2)

Review by department. The building official shall, within ten working days of receiving the plat, determine whether the plat conforms to the approved development plan and the requirements of F.S. ch. 177. If the department determines that the plat so conforms, it shall place the plat on the next available agenda of the Town Council. If it does not conform, the department shall explain the deficiency in the plat to the developer and inform him that a corrected plat may be resubmitted for approval.

(3)

Review by Town Council. Review of the plat by the Town Council shall be strictly limited to whether the plat conforms to the requirements of F.S. ch. 177. A conforming plat shall be approved, given that the provisions of subsection (b) of this section are satisfied and the department shall forthwith issue the plan approval allowing development to proceed. The Town Council shall return nonconforming plats to the developer with an explanation of deficiencies and a notice that a corrected plat may be resubmitted for approval.

(b)

Guarantees and sureties.

(1)

Applicability. The provisions of this section apply to all proposed developments in the town, including private road subdivisions.

(2)

Improvements agreements required. The approval of any development plan shall be subject to the developer providing assurance that all required improvements, including, but not limited to storm drainage facilities, streets and highways, water and sewer lines, shall be satisfactorily constructed according to the approved final development plan. The following information shall be provided:

a.

Agreement that all improvements, whether required by this Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this Code.

b.

The term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. The term shall not exceed five years from the recording of the plat or 30 percent occupancy of the development, whichever comes first.

c.

The projected total cost for each improvement. Cost for construction shall be determined by either of the following:

1.

A signed, sealed estimate prepared and provided by the applicant's professional engineer.

2.

A copy of the executed construction contract provided.

d.

Specification of the public improvements to be made and dedicated together with the timetable for making improvements.

e.

Agreement that upon failure of the applicant to make required improvements (or to cause them to be made) according to the schedule for making those improvements, the town shall utilize the security provided in connection with the agreement.

f.

Provision of the amount and type of security to ensure performance.

(3)

Amount and type of security.

a.

The amount of the security listed in the improvement agreement shall be approved as adequate by the building official.

b.

Security requirements may be met by but are not limited to the following:

1.

Cashiers check.

2.

Certified check.

3.

Developer/lender/town agreement.

4.

Interest-bearing certificate of deposit.

5.

Irrevocable letters of credit.

6.

Surety bond.

c.

The amount of security shall be 110 percent of the total construction costs for the required developer-installed improvements. The amount of security may be reduced commensurate with the completion and final acceptance of required improvements. In no case, however, shall the amount of the bond be less than 110 percent of the cost of completing the remaining required improvements.

d.

Standard forms are available from the Town Attorney's office and approved by the Town Council.

(4)

Completion of improvements.

a.

When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance is recommended by the Town Engineer. A recommendation for final acceptance shall be made upon receipt of a certification of project completion by the project engineer and one copy of all test results.

b.

As required improvements are completed and accepted, the developer may apply for release of all or a portion of the bond consistent with the requirement.

(5)

Maintenance of improvements.

a.

A maintenance agreement and security shall be provided to assure the town that all required public improvements shall be maintained by the developer according to the following requirements:

1.

The period of maintenance shall be a minimum of three years.

2.

The maintenance period shall begin with the acceptance by the town of the construction of the improvements.

3.

The security shall be in the amount of 15 percent of the construction cost of the improvements.

4.

The original agreement shall be maintained by the building official.

b.

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the city/county a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

1.

When the proposed development is to be organized as a condominium under the provisions of F.S. ch. 718, common facilities and property shall be conveyed to the condominium's association pursuant to that law.

2.

When no condominium is to be organized, an owners' association shall be created, and all common facilities and property shall be conveyed to that association.

3.

No development order shall be issued for a development for which an owners' association is required until the documents establishing such association have been reviewed and approved by the Town Attorney.

c.

An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to the town shall be created by covenants running with the land. Such organization shall not be dissolved nor shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate the same to the town.

(c)

Procedure for obtaining a minor replat.

(1)

Generally. The building official may approve a minor replat that conforms to the requirements of this part.

(2)

Submittals. The building official shall consider a proposed minor replat upon the submittal of an application form provided by the town accompanied by:

a.

Eight paper copies of the proposed minor replat;

b.

A statement indicating whether water and/or sanitary sewer service is available to the property; and

c.

Land descriptions and acreage or square footage of the original and proposed lots and a scaled drawing showing the intended division shall be prepared by a professional land surveyor registered in the state. If a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application.

(3)

Review by building official.

a.

The building official shall transmit a copy of the proposed minor replat to the appropriate review agencies for review and comments.

b.

If the proposed minor replat meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the building official shall approve the minor replat by signing the application form.

(4)

Recording. Upon approval of the minor replat, the department shall record the replat on the appropriate maps and documents, and shall, at the developer's expense, record the replat in the official county records.

(5)

Standards. All minor replats shall conform to the following standards:

a.

Each proposed lot must conform to the requirements of this Code.

b.

Each lot shall abut a public or private street (except as hereinafter provided) for the required minimum lot width for the land use district where the lots are located.

c.

If any lot abuts a street right-of-way that does not conform to minimum design specifications, the owner may be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements.

(Ord. of 12-12-90, § 11.04.00)

(a)

State law controlling. The procedures in this part shall be followed in amending this code and comprehensive plan. This part supplements the mandatory requirements of state law, which must be adhered to in all respects.

(b)

Application. Any person, board or agency may apply to the department to amend this code or the comprehensive plan in compliance with procedures prescribed by this code.

(c)

Recommendation by the building official. The building official shall make comment on applications to amend this code or the comprehensive plan. The building official shall set the application for hearing before the Planning and Zoning Board upon provision of his/her comments, or 60 days from the date the application was received, whichever comes first.

(d)

Recommendation of Planning and Zoning Board. The Planning and Zoning Board shall hold a public hearing on each application to amend this code or the comprehensive plan in conformance with the notice and hearing requirements of section 28-202(a) of this Code and thereafter submit to the Town Council a written recommendation which:

(1)

Identifies any provisions of the code, comprehensive plan or other law relating to the proposed change and describes how the proposal relates to them.

(2)

States factual and policy considerations pertaining to the recommendation.

(3)

In the case of proposed amendments to this code, includes the written comments, if any, received from the building official.

(e)

Decision by Town Council. The Town Council shall hold a legislative hearing on the proposed amendment in conformance with the notice and hearing requirements of section 28-202(a) of this Code and may accept or reject the proposal, or accept a modified proposal that is within the scope of matters considered in the hearing.

(Ord. of 12-12-90, § 11.05.00)

(a)

Building permits.

(1)

No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued therefor by the building official. The building official shall not be precluded from stopping work if a violation of this Code is later discovered.

(2)

Each application for a building permit shall be accompanied by a plot plan, in duplicate, drawn to scale showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, the location of the building or structure on the lot or lots, certification of approved potable water supply and wastewater disposal, by certificate from Palm Beach County Board of Health or such other state or county agency granted such jurisdiction by the legislature of the state, and such other information which the building official shall deem necessary to provide for the enforcement of this Code. A record of such applications shall be kept as permanent record in the office of the building official.

(3)

No building shall be constructed and no building permit shall be issued for any building on any premises not served by a potable water supply and sewage disposal facilities meeting the standards prescribed by the Palm Beach County Health Department and so certified by such department.

(4)

Within those areas of the Town of Hypoluxo covered by the water franchise agreement, as amended and extended, that has been executed with the Town of Manalapan, no building permit shall be issued by the Town of Hypoluxo to any person, firm, or corporation involving construction of new residential dwelling units, new business or commercial construction, including expansion of existing businesses or commercial establishments or construction in connection with conversions from a business or commercial use to residential use, or conversions from residential use to business or commercial use, unless the applicant for the building permit submits to the Town of Hypoluxo a certificate from the Town of Manalapan that all water impact charges required by Manalapan for the applicant's entire project (whether or not the entire project is to be developed under one or more building permits or in one or more phases) have been paid by the applicant, and that thereafter sufficient water shall be available to the applicant when:

a.

The Town of Manalapan has completed any expansion, if necessary, of its system to facilitate the applicant's project;

b.

The construction for which the building permit is applied has been completed; and

c.

The applicant has performed all other applicable obligations and responsibilities as provided in the Manalapan-Hypoluxo Water Franchise Agreement, as amended and extended.

(b)

Certificate of occupancy.

(1)

A certificate of compliance for a building or structure hereafter erected or structurally altered shall be issued only after the building official makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this chapter, and of other health and building laws and in accordance with the building permit. The building official must also be assured that other improvements to property as stated on a building permit or approved final development plan have been completed.

(2)

A certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alterations for such buildings shall have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the building official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

(c)

Use permit. No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the building official. No such use permit shall be issued to make such change unless it is in conformity with the provisions of the regulation or amendments thereto hereafter duly enacted.

(d)

Ongoing inspections. The building official shall implement a procedure for periodic inspection of development work in progress to insure compliance with the development permit which authorized the activity.

(e)

Deviations from the development order.

(1)

Minor deviations. If the work or plans for work are found to have one or more minor deviations, the building official shall amend the development order to conform to actual development. The department may, however, refer any minor deviation that significantly affects the development's compliance with the purposes of this Code to the Town Council for treatment as a major deviation.

(2)

Major deviations.

a.

If the work or plans for work are found to have one or more major deviations, the building official shall:

1.

Place the matter on the next agenda of the Town Council, allowing for adequate notice and recommend appropriate action for the board to take.

2.

Issue a stop work order and/or refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the building official determines that work or occupancy may proceed pursuant to the decision of the Town Council.

b.

The town council shall hold a public hearing on the matter and shall take one of the following actions:

1.

Order the developer to bring the development into substantial compliance (i.e., having no or only minor deviations) within a reasonable period of time. The development order or permit may be revoked if this order is not complied with.

2.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty, and shall be consistent with the intent and purpose of the development approval given and the requirements of this Code.

3.

Revoke the relevant development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

(3)

Action of developer after revocation of development order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

(f)

Application for certificate of occupancy. Upon completion of work authorized by a development permit or development order, and before the development is occupied, the developer shall apply to the building official for a certificate of occupancy. The department shall inspect the work and issue the certificate if found to be in conformity with the permit order.

(g)

Minor modifications to approved site development plans for constructed projects.

(1)

The building official may approve a minor modification to an approved site development plan for a constructed project previously issued certificates of occupancy or completion without the need for town council approval or a public hearing.

(2)

The applicant for a minor modification shall provide the building official with an affidavit stating that the applicant has provided notice of the modification request via first class mail to the owners of property located within 300 feet of the portion or portions of the development impacted by the proposed modification.

(3)

No earlier than ten days nor later than 30 days after receipt a completed application, including the affidavit referenced in subsection (2) above, the building official shall issue a written determination approving, approving with conditions or denying a request for a minor modification to an approved site development plan. A request for minor modification may be approved only if it meets the following requirements:

a.

The modification does not change the boundary of the approved plan;

b.

The modification does not require any variances from or waivers to any town code requirements;

c.

The modification does not substantially alter the ingress and egress to the site or the internal traffic pattern;

d.

The modification does not increase the density or intensity of the project;

e.

The modification does not increase the number of principal structures on site or increase the total floor area of any principal structure by more than five percent;

f.

The modification does not violate any condition set forth in the development order or any condition imposed by permits issued by other agencies with jurisdiction over the project;

g.

The modification does not reduce open space, landscaped areas or pervious areas by more than five percent;

h.

The modification does not alter the architectural design or theme or increase the height of any principal structure;

i.

The modification does not increase traffic generation; and

j.

The modification does not negatively impact adjacent properties.

(4)

Any request for modification of an approved site development plan for a constructed project that does not meet the criteria for a minor modification detailed above shall be treated as a major modification and shall be subject to review by the planning and zoning board and approval by the Town Council in the same manner as a new development application.

(Ord. of 12-12-90, § 11.06.00; Ord. No. 96, § 1, 8-9-94; Ord. No. 101, § 6, 7-17-96; Ord. No. 151, § 7, 3-10-04; Ord. No. 197, § 2, 3-20-13)

(a)

General provisions.

(1)

Authority. The board of adjustment shall have authority to grant variances from the district regulations of sections 28-41 through 28-48 in accordance with the standards and procedures set forth in this section.

(2)

Purpose. The purpose of a variance is to provide a mechanism when, owing to special conditions, the literal enforcement of the regulations of sections 28-41 through 28-48 imposes upon a landowner unnecessary hardship and can be mitigated without conferring on the applicant any special privilege. In addition, the variance procedure is provided as a means of hearing and deciding appeals from decisions by administrative officials of the town with respect to the provisions of this Code.

(3)

Initiation. An owner of or any person having contractual interest with consent of the owner in the property to be affected by the variance may seek a variance under the provisions of this section.

(b)

Standards for granting variances. The board of adjustment shall not grant a variance unless it shall, in each case, make specific findings of fact based directly upon the particular evidence presented supporting written conclusions:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same land use district.

(2)

That literal interpretation of the provisions of existing ordinances would deprive the applicant of rights commonly enjoyed by other properties in the same land use district.

(3)

That the special conditions and circumstances do not result from the actions of the applicant.

(4)

That granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, structures or buildings in the same land use district. No nonconforming use of neighboring lands, structures, or buildings in the same land use district, and no permitted use of lands, structures or buildings in other land use districts shall be considered grounds for the issuance of a variance.

(c)

Conditions on granting of variances.

(1)

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with existing ordinances.

(2)

A variance granted by the board shall automatically expire under the following conditions: The variance shall expire 180 days from the date of the rendition of the written order of the board granting the variance if a building permit has not been issued in accordance with the plans and conditions upon which the variance was granted.

(d)

Prohibitions on granting of variances.

(1)

Use variances. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not generally permitted or by conditional use allowed in the land use district involved, or any use expressly or by implication prohibited by the terms of this Code in such land use district. Conditional uses may be granted only in accordance with section 28-210 of this Code.

(2)

Density variances. Under no circumstances shall the Board of Adjustment grant a variance which has the effect of increasing the density and the number of dwelling units to be allowed in any residential land use district.

(e)

Variance procedure.

(1)

Application. An application for a variance shall be filed with the building official, accompanied by a nonrefundable fee, as established from time to time by the Town Council to defray the actual cost of processing the application.

(2)

Review by the building official. When the building official determines an application for approval of a variance is complete, he shall review the application, make a recommendation and submit it to the Planning and Zoning Board.

(f)

Recommendations of the Planning and Zoning Board. The Planning and Zoning Board shall consider each petition for variance at their regularly scheduled meeting and submit to the Board of Adjustment a recommendation for approval, denial or approval with conditions.

(g)

Hearing and action by Board of Adjustment.

(1)

The Town Council shall place the application on the agenda of a regularly scheduled meeting for a public hearing, in accordance with section 28-202(a). In reviewing the application for variance approval, the Board of Adjustment shall use the standards in section 28-208(b). The board may require the applicant to meet certain conditions before approval of the variance.

(2)

The Board of Adjustment shall issue its decision approving, approving with conditions or denying the variance at the close of the hearing. This decision shall be reduced to a written order within ten days of the date of the hearing.

(3)

The decision of the Board of Adjustment shall be mailed to the applicant and filed with the office of the building official.

(4)

Upon the denial of an application in whole or in part, a period of one year must transpire prior to the filing of a subsequent like application affecting the same property.

(Ord. of 12-12-90, § 11.07.00)

(a)

Generally. The building official shall enforce this code according to the procedures set forth below.

(b)

Enforcement procedures.

(1)

When the building official has reason to believe that the provisions of this Code are being violated, he/she shall initiate enforcement proceedings.

(2)

The building official shall notify the alleged violator of the nature of the violations and provide a reasonable period of time to eliminate them. If the violations are not eliminated within the time specified, the building official shall notify the Code Enforcement Board and request a hearing. If a violation presents a serious threat to the public health, safety and welfare, the building official shall immediately take the case before the Code Enforcement Board, even if the violator has not been notified.

(3)

Written notice of the date, time and place of the hearing shall be sent to the alleged violator by certified mail, return receipt requested, or by personal delivery.

(c)

Other penalties and remedies.

(1)

Generally. If the building official determines that the code enforcement process delineated above would be an inadequate response to a given violation, it may pursue the following penalties and remedies, as provided by law.

(2)

Civil remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired or maintained or any building, structure, land or water is used in violation of this code, the building official, through the Town Attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct or abate the violation.

(3)

Criminal penalty. Any person who violates any provision of this code shall be deemed guilty of a misdemeanor and shall be subject to fine and imprisonment as provided by law.

(Ord. of 12-12-90, § 11.08.00)

(a)

General provisions.

(1)

Purpose. The purpose of this section is to provide for uses that are generally compatible with the use characteristics of a land use district, but which require individual review of their location, design, intensity, configuration and public facility impact in order to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses. Conditional uses may require the imposition of additional conditions to make the uses compatible in their specific contexts.

(2)

Authority. The Town Council may, in accordance with procedures, standards and limitations of this Code, grant conditional use permits for those uses enumerated in each of the land use districts in sections 28-41 through 28-48 of this chapter.

(3)

Persons entitled to initiate applications. An application for a conditional use may only be submitted by the owner or any other person having a contractual interest in the parcel of land proposed for conditional use.

(b)

Standards for review for conditional use permits. A conditional use permit shall be granted only if the applicant demonstrates the following:

(1)

Consistency with the land development regulations and comprehensive plan. The proposed conditional use is in compliance with all requirements and is consistent with the general purpose, goals, objectives and standards of this code and the Hypoluxo comprehensive plan.

(2)

Effect on adjacent properties.

a.

The proposed conditional use will not have an undue adverse effect upon nearby property.

b.

The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located.

c.

All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through building design, site design, landscaping and screening.

d.

The proposed conditional use will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations.

(c)

Conditions on conditional use permits. The Town Council shall attach such conditions, limitations and requirements to a conditional use permit as are necessary to carry out the spirit and purpose of this code and the Hypoluxo comprehensive plan; and to prevent or minimize adverse effects upon other property in the neighborhood, including but not limited to limitations on size, intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress, duration of the permit and hours of operation. Such conditions shall be set forth expressly in the resolution granting the conditional use permit.

(d)

Filing application for conditional use.

(1)

Filing. An applicant for a conditional use permit shall submit an application to the building official accompanied by a nonrefundable fee as established from time to time by the Town Council to defray the actual cost of processing the application.

(2)

Review by building official. When the building official determines an application for conditional use approval is complete, he shall review the application, make a recommendation and submit it to the Planning and Zoning Board.

(e)

Recommendation by the Planning and Zoning Board. The Planning and Zoning Board shall consider each petition for conditional use approval at their regularly scheduled meeting and submit to the Town Council a recommendation for approval, denial or approval with conditions.

(f)

Hearing and action by the Town Council.

(1)

Hearing. Upon notification that the application for a conditional use permit is ready for consideration, the Town Council shall place it on the agenda for public hearing and hold a public hearing in accordance with the provisions of section 28-202.

(2)

Review. In reviewing the conditional use application, the Town Council shall consider the report of the building official; shall determine whether the proposed use meets the standards in section 28-210(b) for conditional uses; and shall determine whether the proposed use meets all other provisions of this code and the Hypoluxo comprehensive plan. The Board of Adjustment may recommend certain conditions be met before approval of the application.

(3)

Decision. The Town Council shall grant, grant with conditions or deny the application at the close of the hearing. This decision shall be reduced to a written order within ten days of the date of the hearing.

(4)

Notification of applicant and building official. The decision of the Town Council shall be mailed to the applicant and filed with the office of the building official.

(5)

Waiting period for reapplication. Upon the denial of an application in whole or in part, a period of one year must transpire prior to the filing of a subsequent like application affecting the same property.

(Ord. of 12-12-90, § 11.09.00)

(a)

Definitions. When used in this section, the following terms shall have the meanings ascribed to them:

Certified recovery residence administrator means a recovery resident administrator who holds a valid certificate of compliance.

Certified recovery residence means a recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator.

Disabled individual or a disabled person means an individual that qualifies as disabled and/or handicapped under the Fair Housing Act, the Americans with Disabilities Act or other state or federal regulation and who: (i) has a physical or mental impairment which substantially limits one or major life activities; (ii) has a record of having such impairment; and (iii) is regarded as having such impairment.

Licensed service provider means a public agency under F.S. ch. 397, a private for-profit or not-for-profit agency under F.S. ch. 397, a physician or any other private practitioner licensed under this chapter, or a hospital that offers substance abuse services through one or more licensed service components.

Qualifying entity shall mean, a licensed service provider in the State of Florida as defined by F.S. § 397.311(25), or an entity who is in the business of providing recovery residences for individuals disabled due to substance abuse.

Recovery means a process of personal change through which individuals achieve abstinence from alcohol or drug abuse and improve health, wellness, and quality of life.

Recovery residence means a residential dwelling unit, or other form of group housing that is offered or advertised through any means including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer-supported, alcohol-free, and drug free living environment.

Recovery residence administrator means the person responsible for the overall management of the recovery residence, including but not limited to, the supervision of residents and staff employed by, or volunteering for, the residence.

Service component or component means a discrete operational entity within a service provider which is subject to licensing as defined by the rules adopted to implement F.S. ch. 397.

Substance abuse means the misuse of, or dependence on alcohol, illicit drugs, or prescription medications.

(b)

Application. This section implements the policy of the town for processing reasonable accommodation applications for persons with disabilities and who are in recovery from substance abuse. Any applicant, whether a disabled individual or a qualifying entity, may apply for a reasonable accommodation with respect to the town's land development regulations, zoning laws, codes, rules, practices and/or procedures by submitting an application for a reasonable accommodation pursuant this section.

(1)

All qualifying entities shall submit as part of an application for a reasonable accommodation, proof of any licensable service component the qualifying entity holds pursuant to F.S. ch. 397.

(2)

All qualifying entities or other providers of housing to persons in recovery shall submit such information as the town may deem sufficient to demonstrate that the entity is a certified recovery residence or is in the process of becoming certified to operate a recovery residence for disabled individuals.

(3)

Applicants making application for a reasonable accommodation, whether individually or through a qualifying entity, shall submit proof that each individual is seeking a reasonable accommodation due to the individual's handicap or disability.

(4)

Applicants making applications to operate a recovery residence shall identify the recovery residence administrator who is responsible for the overall management and the supervision of residents and any staff. Applicant shall submit such information as is necessary to document that the recovery residence administrator is certified or has applied for certification as a recovery residence administrator.

(5)

An applicant for a reasonable accommodation under this section shall submit an application using a form which is available from the town clerk's office. The information on the form must be complete as the information requested is necessary for the town to process the reasonable accommodation application.

(6)

The town shall display a notice on the town's public notice bulletin board (and shall maintain copies available for review in the town clerk's office) advising the public that an application for a reasonable accommodation as provided in this section has been submitted to the town.

(7)

A disabled individual, qualifying entity or other provider of housing to persons in recovery who has applied for a reasonable accommodation may be represented at all stages of the reasonable accommodation proceedings by a person designated by the disabled individual as their authorized agent. Any authorized agent representing an individual, or, if applicable, a qualifying entity or housing provider, shall submit a written authorization designating the individual as the agent authorized to legally bind the applicant to the representations in the application, or any conditions agreed to or imposed as part of the order of the special magistrate.

(8)

No application fee shall be imposed by the town in connection with an application for a reasonable accommodation.

(c)

An individual, qualifying entity or other provider of housing to persons in recovery who is the tenant of a property owner shall submit the leases or lease between the property owner and the tenant or tenants requesting a reasonable accommodation. It shall be the joint and several responsibility of the property owner and tenant to submit any leases or subleases pertaining to the residence which is the subject of a reasonable accommodation application for a recovery residence.

(d)

Applicants for a reasonable accommodation shall have the burden of establishing that the individuals on whose behalf the application has been submitted are disabled and protected under the provisions of the Fair Housing Act, the Americans with Disabilities Act or any other state or federal regulation. The applicant shall also demonstrate that the accommodation being sought for all of the individuals who will occupy the recovery residence are reasonable and necessary.

(e)

All applications for a reasonable accommodation shall be considered by a special magistrate appointed by the Town Council. The special magistrate shall be:

(1)

A retired judge who has served in either the circuit court or a higher Florida court or as a federal district judge or circuit federal judge; or

(2)

A practicing member of the Florida Bar with at least five years of experience in the field of land use.

The special magistrate shall not reside or own property within or otherwise be employed by the town.

(f)

The town shall be responsible for mailing via certified mail a notice containing the date and time of the special magistrate's hearing to consider the application. The special magistrate may:

(1)

Grant the reasonable accommodation application as requested in the application;

(2)

Grant a portion of the application determined by the special magistrate to be a reasonable accommodation given the circumstances and the nature of the request;

(3)

Grant the application with conditions to effectuate a reasonable accommodation; or

(4)

Deny the reasonable accommodation application.

(g)

All decisions of the special magistrate shall be in writing. The written decision of the special magistrate shall constitute a final order and shall be sent to the applicant by certified mail, return receipt requested, at the address specified by the applicant on the application form. If denied, the applicant may appeal the final order by writ of certiorari within 30 days of the date it is rendered.

(Ord. No. 214, § 2, 5-16-18)